Los Angeles daily herald., 1887-04-06
/!
STA Z OF CALIFORNIA, }
EXECUTIVE DEP PaRTMENT, :
G.cEssENrO. MAJ oh is. 1887.


WHEREAS, the Legislature of the State OF
California, at its twenty-seventh session. be-
ginning on the third day Of January, A. D.
eighteen hundred and eighty-seven, two
thirds Of all the members elected to each OF
the two Houses of said Legislature voting In
favor thereof, proposed the following de-
scribed amendments to the Constitution Of
the State of California. to wit:
AMENDMENT NUMBER ONE.
To propose to the people of the State an
amendment to the Constitution of the
State, relative to the Judiciary Depart
ment M
Resolved, That the Legislature of the State
of California, at its regular session, COM
mencing on the third day of January, A. D.
eighteen hundred and eighty seven, two.
thirds Of all the members elected to each of
the Houses of said Legislature vo ing in ia
vor thereof, hereby propose that secions
two and three of article vi. OF the Constitu-
tion of said Sta.e be amended to read us
follows
Section 2. The Supreme Court shall con.
sist of seven Justices. The Associate Jus
tices of the Supreme Court, in office at the
time of the adoption of this amendment to
office as Justices of the Supreme Court for
the remainder of the terms 10 which they
were respectively elected. The Justices
shall elect one OF their number to be Chief
Justice and he shall hold the office of Chief
Justice of said court for q term OF two
years At the expiration Of the term of the
Chief Justice first elected. and every two
years thereafter the Justices shall elect a
Chief Justsce for like term of two years.
An entry of the election Of such Chief Jus
tice shall be made in the minutes OF the
court and signed by four Justices. When
ever thereafter a vacancy occurs in the of
fee of Chief Justice. like election shall
be had to I'LL such office for the unexpired
partments or in bank, and shall always be
open for the transaction of business There
shall be two departments, denominated, re
spectively, Department One and department
Two. The Chief Justice shall assign three
of the Justices to each department, and
from time to time. The Justices shall be
compete mt to sit in either department., and
may Interchange with each other by agree
ment among themselves or as ordered by
the Chief Justice. Each of the departments
shall have the power to hear and determine
causes and all questions arising therein,
subject to the provisions hereinafter con-
tanned In relation to the Court In bank. The
presence of three Justices shall be necessary
to transact any business In either of the de-
partments, except such as may be done at
chambers, and the concurrence of two Jus
tices shall be necessary to pronounce a
judgment. The ChiefJustice shall apportiOn
the business to the departments and m y,
In his discretion. order any cause pending
before the Court to be heard and decided by
the Court in bank. The order may be made
before or after judgment pronounced by
department.; but where cause has been al
ment pronounced thereon, the order mus
be made within thirty days after such judg
ment and concurred in by twoJustices, and If
so made it shall have the effect to vacste and
set aside the judgment. Any four Justices
may, either before or after judgment by
bank. If the order be not made wit rin the
time above limited, the Judgment shall be
final. No judgment by a department shall
become fi1al until the expiration of the
proved by the Chief Justice. in writing,
with the concurrence of two Justices. The
Chief Justice may convene the Court in
hank at any time. and shall be the presiding
Justice of the Court when SO convened. The
of tour Justices present at the
argument shall be necessary to pronounce a
judgment in bank; but IL four Justices, so
present, do not concur in judgment, then
all the Justices qualified to sit in the cause
snail hear the argument; but 10 render a
shall be necessary. In the determination
of causes all decisions of the Court in
bank, or in departments, shall be given
in writing and the grounds of the decision
in either department, and shall preside
when so sitting, but the Justices assigned
to each department shall select one of their
number rs presiding Justice. In case of
the absence OF the Chief Justice from the |
pl ce at which the court is held, or his ina |
bility to act the Associate Justices shall Sc
iect one of the own number to perform |
the duties and exercise the powers of the |
Chief Justice during such absence or ina
bility to act. The Supreme Conrt Commits.
RrQafad nf ha 7 c1o
approved March twelfth, eighteen hundred
ana eighty-five, shall continu and be Su-
oreme Court Commission for four years af-
er the adoption of this amendment. Said
commission may be continued for such
ime thereaft as may be fixed by an act
passed by vote of two.thirds of the elected
members of each House of the Legislature,
md approved by the Governor. The mem
'ers thereof and Secretary shall be ap-
'olnted as In said act provided; and such
shall be subject to removal
n like manner as the Judges OF the Su-
rene Court. Said commission shall have
he same power to hear and determine
auses possessed by department of the
D the commission in the same manner they
re assigned to department, and after de-
ision they may be ordered heard in bank |
4 the same way, and with like restrictions
3 If deciied in department. The judg.
rents of the commission shall be entered
) the judgments of the court. The com
Iission shall sit at suchtim and places as
Iay be designated by the court, but such
shall not exercise any
ldicisi functions except when assem-
ed as commission, and then they ,
lall only have power to hear and deter
ine such causes as may have been assigned
them.
Section 8. The Justices of the Supreme {
ourt shall be elected by the qualified
ect0rs Of the State at large, at the general
late elections. and the times and places at